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(영문) 서울북부지방법원 2018.11.29 2018고단3796

업무상배임

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant: (a) from February 10, 2012 to May 2015, 2015, received the payment of KRW 2.50,000 won per unit from the members of the fraternity and received the payment of KRW 10,000 per 10,000 per month; (b) the Defendant organized and operated the system of KRW 40,000,000,000,000 to the fraternity; and (c) the victim B was a member of the fraternity from April 10, 2012 to receive the payment in order.

The Defendant received KRW 2,7750,000,00 from the injured party, from April 10, 2012 to February 20, 2015, a sum of KRW 7.550,000,00 from the injured party, as a deposit for the three preceding units each month. As such, the Defendant had a duty to pay the said three preceding units to the injured party at the time of becoming an order from the injured party.

Nevertheless, the defendant violated the above occupational duties and paid 9250,000 won out of the above accounts at around that time, and acquired the above KRW 18.5 million from the defendant's property profits at will through the payment of the accounts of other accounts in which the defendant is a leading state, and suffered property damage equivalent to the above KRW 18.5 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a detailed statement of transactions, copy of passbook, and loan certificate;

1. Relevant legal provisions, Articles 356 and 355(2) of the Criminal Act regarding criminal facts, and the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.

There shall be no person who has been punished.

However, the defendant operated a system to prevent the return as a result of several accounts.

Until now, damage has not been repaid.

In full consideration of these circumstances, the defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, the punishment as stated in the disposition shall be determined as ordered, and the defendant shall not be subject to statutory detention in order to grant repayment time to the defendant.